Richard D. Marsico SHEDDING SOME LIGHT ON LENDING: THE EFFECT OF EXPANDED DISCLOSURE LAWS ON HOME MORTGAGE MARKETING, LENDING AND DISCRIMINATION IN THE NEW YORK METROPOLITAN AREA 27 Fordham Urban Law Journal 481 (December, 1999) In 1991, conventional home mortgage lenders disclosed vastly expanded information about their lending for the first time. The newly amended Home Mortgage Disclosure Act (the HMDA) required lenders to disclose information regarding the number of applications received, the race and income of applicants, the location of the property for which the... 1999
Robert J. Aalberts SUITS TO VOID DISCRIMINATORY EVICTIONS OF DISABLED TENANTS UNDER THE FAIR HOUSING AMENDMENTS ACT: AN EMERGING CONFLICT? 33 Real Property, Probate and Trust Journal 649 (Winter, 1999) Editors' Synopsis: The Fair Housing Amendments Act (FHAA), enacted in 1988, added disabled persons to the groups protected from discrimination under the Fair Housing Act (FHA). A pattern is beginning to emerge in the holdings of cases decided under the FHAA that suggests the scope of landlords' duties and tenants' rights under the FHA are... 1999
Fred Galves THE DISCRIMINATORY IMPACT OF TRADITIONAL LENDING CRITERIA: AN ECONOMIC AND MORAL CRITIQUE 29 Seton Hall Law Review 1467 (1999) My discussion for purposes of this symposium centers on making not only an economic case for fair lending, but a moral case as well. I will first discuss briefly the importance of fair lending in general, then address the economic issues, and finally follow with the moral case. I begin by positing that lending discrimination is an illegitimate... 1999
Nicole Napolitano THE FAIR HOUSING ACT AMENDMENTS AND AGE RESTRICTIVE COVENANTS IN CONDOMINIUMS AND COOPERATIVES 73 Saint John's Law Review 273 (Winter 1999) Residential associations in condominiums and cooperatives have been described as mini-government[s], residential private governments, and even as quasi-government[s]--. . . little democratic sub societ[ies] of necessity.' These descriptions are due in part to the associations' broad powers over structural changes, as well as the ability to... 1999
Peter Nicolas THE USE OF PRECLUSION DOCTRINE, ANTISUIT INJUNCTIONS, AND FORUM NON CONVENIENS DISMISSALS IN TRANSNATIONAL INTELLECTUAL PROPERTY LITIGATION 40 Virginia Journal of International Law 331 (Fall 1999) I. Introduction. 332 II. Federal Subject Matter Jurisdiction Over Claims Arising Under Foreign Intellectual Property Laws. 338 A. Patent, Copyright, and Trademark Jurisdiction. 344 B. Unfair Competition Jurisdiction. 345 C. Supplemental Jurisdiction. 348 D. Diversity and Alienage Jurisdiction. 351 E. Alien Tort Statute Jurisdiction. 355 F. Subject... 1999
Sally Ackerman THE WHITE SUPREMACIST STATUS QUO: HOW THE AMERICAN LEGAL SYSTEM PERPETUATES RACISM AS SEEN THROUGH THE LENS OF PROPERTY LAW 21 Hamline Journal of Public Law and Policy 137 (Fall 1999) Hatred that rages in souls and suddenly loses its immediate object does not disappear without a trace. [R]acism is as healthy today as it was during the Enlightenment. It seems that it has a utility far beyond economy, beyond the sequestering of classes from one another, and has assumed a metaphorical life so completely embedded in daily... 1999
Frank Lopez USING THE FAIR HOUSING ACT TO COMBAT PREDATORY LENDING 6 Georgetown Journal on Poverty Law and Policy 73 (Winter, 1999) In this article, Frank Lopez examines various solutions to the widespread problem of predatory lending. Because minority borrowers are shut out from mainstream lending institutions, predatory lenders can make loans with exorbitant rates and excessive closing costs to low-income borrowers. These high costs often force borrowers into default,... 1999
Michael J. Yelnosky WHAT DOES "TESTING" TELL US ABOUT THE INCIDENCE OF DISCRIMINATION IN HOUSING MARKETS? 29 Seton Hall Law Review 1488 (1999) Professor Paula Franzese, the organizer of this symposium, asked me to respond briefly to the following question: What do we know about the incidence of discrimination in housing? The question implies that there is a real-world phenomenon--housing discrimination--that is important to understand. Although academics often ignore reality, I assume... 1999
Melody L. Luetkehans WHAT'S NEW IN NEVADA REAL PROPERTY LAW 7-AUG Nevada Lawyer 18 (August, 1999) The session is over, the dust is set tling, and our citizen legislators are now back in the real world. Following this year's legislative session was quite an experience for veterans and novices alike. Though not as packed with real estate bills as the 1997 session was, 1999 brought some major changes to various real property laws. For those of us... 1999
Margaret Sanregret Shockley "CANNONIZING" UNDER NEWT GINGRICH: THE SPEAKER'S CONSOLIDATION OF POWER IN THE HOUSE OF REPRESENTATIVES 9 Stanford Law and Policy Review 165 (Winter, 1998) The turn of the century brought a steady rise in power of the Speaker of the House of Representatives that reached its peak during the Speakership of Joseph Gurney Cannon (R-IL). During Cannon's reign as Speaker from 1903 to 1911, House power was virtually consolidated into one person--the Speaker. Cannon's unbridled reign and successful... 1998
Robert L. Schonfeld "REASONABLE ACCOMMODATION" UNDER THE FEDERAL FAIR HOUSING AMENDMENTS ACT 25 Fordham Urban Law Journal 413 (Spring 1998) Congress amended the Federal Fair Housing Amendments Act ('Fair Housing Act') in 1988 to end the unnecessary exclusion of persons with handicaps from the American mainstream. To that end, Congress defined prohibited housing discrimination against people with disabilities as, among other actions, a refusal to make reasonable accommodation in... 1998
Julie M. Solinski AFFORDABLE HOUSING LAW IN NEW YORK, NEW JERSEY, AND CONNECTICUT: LESSONS FOR OTHER STATES 8-FALL Journal of Affordable Housing & Community Development Law 36 (Fall, 1998) The lack of affordable housing in New York is a continuing problem despite years of litigation to establish a municipal duty to encourage its provision. Federal case law establishes that there is no individual constitutional right to housing. Under the Berenson line of cases, the New York appellate courts have articulated that municipalities may... 1998
Susan R. Jones, Deborah Kenn AN ANNOTATED BIBLIOGRAPHY OF AFFORDABLE HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT LAW 7-SUM Journal of Affordable Housing & Community Development Law 340 (Summer, 1998) As legal educators and co-chairs of the Legal Educators' Practice Division of the Forum on Affordable Housing and Community Development Law, we have often found the need for a comprehensive overview of law review articles on affordable housing and community economic development law to inform our teaching and practice. Our recognition of the... 1998
Steve P. Calandrillo AN ECONOMIC ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS: JUSTIFICATIONS AND PROBLEMS OF EXCLUSIVE RIGHTS, INCENTIVES TO GENERATE INFORMATION, AND THE ALTERNATIVE OF A GOVERNMENT-RUN REWARD SYSTEM 9 Fordham Intellectual Property, Media and Entertainment Law Journal 301 (Autumn, 1998) Introduction. 303 I. Do We Need Intellectual Property Rights in Order to Generate Incentives to Produce Informational Works?. 310 A. General Justifications Given for Awarding Property Rights in Information. 310 1. Instrumental/Economic Arguments. 310 2. Non-Economic Arguments--Authors' Natural/Moral Rights. 312 B. Alternative Incentives to Produce... 1998
Matthew Lippman ART AND IDEOLOGY IN THE THIRD REICH: THE PROTECTION OF CULTURAL PROPERTY AND THE HUMANITARIAN LAW OF WAR 17 Dickinson Journal of International Law 1 (Fall 1998) Cultural property historically has been the target of invading armies. This plunder and looting has been driven by a desire to accumulate wealth and to psychologically dominate and to disable the indigenous population. One of the most infamous examples was Napoleon's looting of the treasures of Europe, perhaps the most conspicuous of which were the... 1998
Daniel W. Barkley BEYOND THE BELTWAY: COMPENSATORY AND PUNITIVE DAMAGES IN FAIR HOUSING CASES 7 Journal of Affordable Housing & Community Development Law 218 (Spring, 1998) Undoubtedly, the heart of most fair housing litigation is the issue of liability, specifically whether a housing provider violated the antidiscrimination laws. However, the issue of damages, i.e., the compensation to be provided in the event of a finding of discrimination, is critical to the success or failure of these laws. Damages have ranged... 1998
Daniel W. Barkley BEYOND THE BELTWAY: EQUITABLE REMEDIES AVAILABLE IN FAIR HOUSING CASES 7-WTR Journal of Affordable Housing & Community Development Law 134 (Winter, 1998) In the last several commentaries, I focused on how courts evaluate what is and is not proscribed by the Fair Housing Act without actually addressing the available remedies in the event that discrimination is found. Available remedies fall roughly into two types: equitable remedies and monetary damages. This article will provide a brief survey of... 1998
Carol M. Rose CANONS OF PROPERTY TALK, OR, BLACKSTONE'S ANXIETY 108 Yale Law Journal 601 (December, 1998) How do legal scholars talk about property? Here is one set of lines they are quite likely to quote: There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total... 1998
Richard H. Weisberg CONFISCATED JEWISH PROPERTY IN VICHY, FRANCE: AN ATTEMPT TO UNDERSTAND THROUGH SHAKESPEARE 20 Cardozo Law Review 591 (December, 1998) Now that the war is over, the question of how France treated property law and what it is doing to try to restore Jewish property leads me to as bleak a judgment about the matter as that rendered by Ambassador Lavie about the countries he is studying. In fact, Ambassador Lavie gave too bright a picture for France and the other western countries,... 1998
Isaac Moriwake CRITICAL EXCAVATIONS: LAW, NARRATIVE, AND THE DEBATE ON NATIVE AMERICAN AND HAWAIIAN "CULTURAL PROPERTY" REPATRIATION 20 University of Hawaii Law Review 261 (Fall, 1998) The famous spear rest. If this thing could talk, imagine the stories we'd have. - Mayor Vincent A. Cianci Jr., City of Providence, Rhode Island. Nearly two centuries ago, the Hawaiians lost a kii laau. No one quite remembers when or how such a sacred aumakua (guardian spirit) image and important cultural symbol left the islands. Some say the... 1998
James R. Hackney Jr. DERRICK BELL'S RE-SOUNDING: W. E. B. DU BOIS, MODERNISM, AND CRITICAL RACE SCHOLARSHIP 23 Law and Social Inquiry 141 (Winter, 1998) Critical race scholarship (CRS) is one of the most prominent and controversial strands of thought in legal academe. It has spawned widespread criticisms but has also reached a stage of intellectual maturity, warranting two general anthologies and others more specialized (Gates 1997; Wing 1997; Crenshaw et al. 1995; Delgado 1995). Given the... 1998
Terenia Urban Guill ENVIRONMENTAL JUSTICE SUITS UNDER THE FAIR HOUSING ACT 12 Tulane Environmental Law Journal 189 (Winter 1998) I. Introduction. 189 II. Industrialization and Anomie. 190 III. Ledbetter Heights, Leadbelly, and the Highway. 193 IV. Dotting the I and Crossing the T . 197 A. National Environmental Policy Act. 198 B. Transportation and Highways: DOT and ISTEA. 204 C. National Historic Preservation Act. 209 V. Civil Rights and the Home. 212 A. Sections 1982... 1998
Edward W. Dence EQUAL OPPORTUNITY INITIATIVES AFFECTING HOME OWNERSHIP - RECENT LEGAL DEVELOPMENTS AFFECTING PROPERTY AND CASUALTY INSURERS 17 Annual Review of Banking Law 337 (1998) Since the enactment of the Fair Housing Act (FHA) in 1968 , the Federal Government has increasingly encouraged banks to develop innovative programs to assist under-represented and minority populations. In 1975, Congress enacted the Home Mortgage Disclosure Act (HMDA), which mandates disclosure of information concerning lenders' fulfillment of... 1998
  FAIR HOUSING--FIRST CIRCUIT HOLDS THAT EQUAL ACCESS POLICY DOES NOT VIOLATE EQUAL PROTECTION PRINCIPLES.--RASO V. LAGO, 135 F.3D 11 (1ST CIR.), CERT. DENIED, 66 U.S.L.W. 3720 (U.S. OCT. 5, 1998) (NO. 97-1748). 112 Harvard Law Review 578 (December, 1998) In 1958, the Boston Housing Authority (BHA) ordered the taking by eminent domain of a downtown Boston neighborhood called the West End. Forty years later, as the last parcel of this neighborhood was slated for redevelopment, the predominately white displaced residents asserted a statutory preference to all units in the new development. Accordingly,... 1998
Terence Dougherty GROUP RIGHTS TO CULTURAL SURVIVAL: INTELLECTUAL PROPERTY RIGHTS IN NATIVE AMERICAN CULTURAL SYMBOLS 29 Columbia Human Rights Law Review 355 (Spring 1998) This Article deals with some of the theoretical and jurisprudential issues that arise when Native American cultural symbols are appropriated by non-Native individuals and businesses in the United States in order to sell products. Legal challenges to these acts of appropriation are generally not successful since the acts are not considered thefts of... 1998
John Hamer HANDICAP DISCRIMINATION, ZONING, AND THE FEDERAL FAIR HOUSING ACT 13 Maine Bar Journal 166 (July, 1998) Maine communities enjoy a high level of autonomy in regulating local matters. This authority is highly valued, particularly when it comes to an issue as fundamental as regulating the use of real property through zoning. In certain situations, however, zoning regulations can result in discrimination rather than promote the public welfare. In such... 1998
Jonathan Drimmer HATE PROPERTY: A SUBSTANTIVE LIMITATION FOR AMERICA'S CULTURAL PROPERTY LAWS 65 Tennessee Law Review 691 (Spring, 1998) C1-3Table of Contents I. Introduction. 693 II. Cultural Properties. 698 A. Definition of Culture and Cultural Identity. 698 B. Cultural Property. 700 C. The Transmission of Cultural Identities Through Cultural Properties. 702 D. The Harm of Denying Access to Cultural Properties. 703 III. The Dilemma Posed by the Confiscation of Nazi Artwork. 704 A.... 1998
Robyn Minter Smyers HIGH NOON IN PUBLIC HOUSING: THE SHOWDOWN BETWEEN DUE PROCESS RIGHTS AND GOOD MANAGEMENT PRACTICES IN THE WAR ON DRUGS AND CRIME 30 Urban Lawyer 573 (Summer, 1998) Associate, Real Estate Department, Paul, Weiss, Rifkind, Wharton & Garrison; J.D., Yale Law School, 1997; A.B., Harvard College 1991. In Heaven there will be no law, and the lion will lie down with the lamb. . . . In Hell there will be nothing but law, and due process will be meticulously observed. Grant Gilmore Living Here is Like Living in Hell.... 1998
William E. Murray HOMEOWNERS INSURANCE REDLINING: THE INADEQUACY OF FEDERAL REMEDIES AND THE FUTURE OF THE PROPERTY INSURANCE WAR 4 Connecticut Insurance Law Journal 735 (1997-1998) L1-2INTRODUCTION 736 I. THE PROBLEM OF INSURANCE REDLINING. 740 II. DISPARATE IMPACT ANALYSIS. 742 III. REDLINING CLAIMS UNDER FEDERAL LAW. 747 A. Redlining Claims Under the Fair Housing Act. 747 1. The Conflict Between the Circuits. 748 2. HUD's Response to the Mackey Decision. 751 3. McCarran-Ferguson and Preemption of Redlining Claims Under the... 1998
Jason C. Long HOUSING DISCRIMINATION AND THE STATUS OF UNMARRIED COHABITANTS--LIVING WITH MCCREADY V. HOFFIUS 76 University of Detroit Mercy Law Review 99 (Fall 1998) Oliver Wendell Holmes once wrote that [e]very opinion tends to become a law. While it may not be the case that every opinion becomes law, certainly every law is based on some opinion. Michigan's laws are no exception to this phenomenon, with personal beliefs about morality, religion, and virtue forming the basis for many of the state's laws.... 1998
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